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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

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Non-matrimonial asset?

  • Gomyownway
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14 Apr 12 #323781 by Gomyownway
Topic started by Gomyownway
I am currently divorcing my stbx of 3 and a half years.. we joint own a classic camper van that was insured for £13k when we split but not much else. No kids and we have never officially co-habited.

Last year my parents bought a canal boat for me with some money set aside as an ''early inheritance''. The intention was for me and husband to live on the boat eventually but that never materialised. Boat''s worth is £27k.

We had £8k debt at time of split, all of which I am liable for, I have already paid off more than half.

Hubby has walked away with no debts, camper van and all our other material assets. I am left with the canal boat (which he has de-valued with shoddy DIY).

My without prejudice offer of £6,500 when I sell the boat next year ( will take that long to get the money to finish the work that needs doing) was refused. As was my offer of £5k if he wants it sooner. I would have to take out a loan to give him that.

The maximum he could get is £8k but I am unwilling to offer that as he never contributed anything to the boat and barely worked in 2011.. I would also argue that it is a short marriage and the boat is a non-matriomonial asset.

Besides, I don''t have any money left to give him! I''m struggling to stay afloat as it is.

Does anyone know if the courts would order me to take out a loan or sell the boat in it''s current de-valued state to pay him off?

It hurts because if it was the other way around I would just walk away. This all gives me a headache:(

  • fairylandtime
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14 Apr 12 #323792 by fairylandtime
Reply from fairylandtime
Have you got legal representation? & are all these finacial issues been written up in a Consent Order?

It seems a bit (to me anyway) that you have go the bum end of the deal - surley any residual value left in the value of the boat should be in part written off against the debt you have taken on (if joint debt).

When my X left I took on all the debt & FMH as it seemed easier & I thought it would be quicker (no so ....) It is bizzar - X still hasnt signed off the morg although he had the terms of the consent order changed to try & make the process of me taking over the house quicker?? :dry:I digress.

I would seek legal advice & give a final offer, it appears to me that your X is being stubborn for no reason?

Stay Strong JJx

  • Gomyownway
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15 Apr 12 #323978 by Gomyownway
Reply from Gomyownway
It''s not been written up in a consent order yet, I wanted to agree something with him first to keep it as cheap as possible. He is definitely being stubborn, just to make my life difficult I think. Why do they have to be so awkward?!

Thanks for the support and advice JJ. I''ll have a think and make him a final offer, then get legal advice if that gets me nowhere. I hope your issues get straightened out soon as well.

I was wondering if anyone reading this had been in a similar situation and knew how a court might see it?

Hugs to everyone going through a break up, I''m just focusing on the future and staying positive - it''s the only way :)

  • cookie2
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16 Apr 12 #324128 by cookie2
Reply from cookie2
Tell him that you withdraw all previous offers, and tell him that you''re prepared to give him a Clean Break if he''s prepared to take a hike. If he refuses, apply to court for Ancillary Relief. I very much doubt you will have to give him £6.5k or £5k or any other amount. He has the camper van, you have the boat and the debt. The difference in value is not worth fighting in court over.

A court would NEVER order you to take out a loan to pay him off.

  • soulruler
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16 Apr 12 #324144 by soulruler
Reply from soulruler
I agree with Cookie, I also see no point in you wracking up costs in legal bills and legal advice.

You can follow the proceedure on here to get your own divorce, Petition, Decree Nisi and Absolute. Ancillary relief is a different subject.

Attempt not to get dragged in to becoming totally bankrupt both emotionally and financially as a result of an angry departing stbx.

Also after such a short (and obviously not working) marriage the rule is that you depart with what you came into the marriage with - so maybe you should be asking him for one half of the value of the camper van - the boat being an advance inheritance - gift to YOU by your parents not to you and him.

Stand strong and do not allow him to manipulate you.

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